The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of
Allegiance led by Senate page Abby Roberts.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the thirty-second day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on Legislative Procedure respectfully reports that SB 69, 83, 99, 142, 159,
and 165 were delivered to his Excellency, the Governor, for his approval at 8:38 a.m., February
27, 2006.
I have the honor to inform your honorable body that the House has appointed Reps. Rave,
Hackl, and Van Norman as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 98.
I have the honor to inform your honorable body that the House has adopted the report of
the Conference Committee on HB 1072.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1015, 1098, 1119, 1143, 1181, 1197, 1209, and 1215.
Also MR. PRESIDENT:
I have the honor to transmit herewith HCR 1010 which has been adopted by the House and
your concurrence is respectfully requested.
I have the honor to inform your honorable body that the House has appointed
Reps. Gillespie, Van Etten, and Boomgarden as a committee of three on the part of the House
to meet with a like committee on the part of the Senate to adjust the differences between the two
houses on SB 184.
I have the honor to inform your honorable body that the House has appointed Reps. Klaudt,
Putnam, and Dennert as a committee of three on the part of the House to meet with a like
committee on the part of the Senate to adjust the differences between the two houses on SB 153.
I have the honor to inform your honorable body that the House has appointed
Reps. Rhoden, Michels, and Hargens as a committee of three on the part of the House to meet
with a like committee on the part of the Senate to adjust the differences between the two houses
on SB 198.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1167 and has appointed Reps. Wick, Krebs, and Lange as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Greenfield, Gary Hanson, and Kooistra.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1236 and has appointed Reps. Ryan Olson, Buckingham, and
Glenski as a committee of three on the part of the House to meet with a like committee on the
part of the Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Ed Olson, Gant, and Jim Peterson.
HCR 1010:
A CONCURRENT RESOLUTION,
Supporting the development of nuclear
power in South Dakota.
Was read the first time.
Sen. Bogue moved that the Senate do now recess until 11:15 a.m., which motion prevailed
and at 8:50 a.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 5.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 1, 19, 44, 73, 81, 100, 130, 154, 157, and 202 and
finds the same correctly enrolled.
There being no objection, the Senate proceeded to Order of Business No. 7.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1175 and has appointed Reps. Rhoden, Michels, and Hargens as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Schoenbeck, Bogue, and Moore.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1128 and has appointed Reps. Turbiville, Nelson, and Sigdestad as
a committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Knudson, Kooistra, and Jim Peterson.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1060 and has appointed Reps. Rhoden, Michels, and Hargens as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Bogue, Schoenbeck, and Moore.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1244 and has appointed Reps. Putnam, Dykstra, and Hargens as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Apa, Earley, and Gary Hanson.
I have the honor to inform your honorable body that the House has failed to concur in
Senate amendments to HB 1238 and has appointed Reps. Putnam, Dykstra, and Hargens as a
committee of three on the part of the House to meet with a like committee on the part of the
Senate to adjust the differences between the two houses.
The President announced as such committee Sens. Apa, Earley, and Gary Hanson.
I have the honor to inform your honorable body that the House has concurred in Senate
amendments to HB 1058, 1176, 1232, and 1233.
Which motion prevailed and the President announced as such committee Sens. Duane
Sutton, Gray, and Bartling.
Sen. Smidt moved that the Senate do concur in House amendments to SB 168.
The question being on Sen. Smidt's motion that the Senate do concur in House
amendments to SB 168.
Sen. Koskan moved as a substitute motion that concurrence in House amendments to
SB 168 be deferred to the bottom of today's calendar.
Which motion prevailed.
There being no objection, the Senate reverted to Order of Business No. 6.
Sen. Abdallah moved that the report of the Conference Committee on SB 148 as found on
page 689 of the Senate Journal be adopted.
The question being on Sen. Abdallah's motion that the report of the Conference Committee
on SB 148 be adopted.
And the roll being called:
Yeas 32, Nays 2, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle;
Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim);
Schoenbeck; Smidt; Sutton (Dan); Two Bulls
Nays:
Greenfield; Napoli
Excused:
Sutton (Duane)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
There being no objection, the Senate reverted to Order of Business No. 6.
There being no objection, the Senate proceeded to Order of Business No. 7.
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has appointed
Reps. Tidemann, Frost, and Hargens as a committee of three on the part of the House to meet
with a like committee on the part of the Senate to adjust the differences between the two houses
on SB 143.
HCR 1010:
A CONCURRENT RESOLUTION,
Supporting the development of nuclear
power in South Dakota.
Was read the second time
Sen. Koskan moved that the Senate do now concur in HCR 1010 as found on page 695
of the House Journal and as amended on page 750 of the House Journal.
The question being on Sen. Koskan's motion that the Senate do concur in HCR 1010 as
amended.
And the roll being called:
Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray;
Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Koetzle; Koskan; McCracken;
Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)
Nays:
Kloucek; Two Bulls
Excused:
Apa; Earley; Knudson; Kooistra; Lintz; McNenny; Peterson (Jim)
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1010 was concurred in as amended.
Sen. Bogue moved that the Senate do now recess until 3:00 p.m., which motion prevailed
and at 2:10 p.m., the Senate recessed.
MR. PRESIDENT:
Sen. Apa moved that the vote on the Conference Committee Report on SB 1 on page 685
of the Senate Journal be amended to correct his vote to a Nay.
Which motion prevailed.
The question being on Sen. Smidt's motion that the Senate do concur in House
amendments to SB 168.
Sen. Bogue moved that concurrence in House amendments to SB 168 be moved to the
bottom of today's calendar.
Which motion prevailed.
Sen. Moore moved that the report of the Conference Committee on SB 98 as found on
page 698 of the Senate Journal be adopted.
The question being on Sen. Moore's motion that the report of the Conference Committee
on SB 98 be adopted.
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed);
Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Napoli
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Gray moved that the report of the Conference Committee on HB 1163 as found on
page 701 of the Senate Journal be adopted.
The question being on Sen. Gray's motion that the report of the Conference Committee on
HB 1163 be adopted.
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Nays:
Greenfield; Napoli
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Bogue moved that the Senate do now recess until 4:00 p.m., which motion prevailed
and at 3:30 p.m., the Senate recessed.
There being no objection, the Senate reverted to Order of Business No. 6.
MR. PRESIDENT:
"10-6-33.25.
For the purposes of § 10-6-33.24, the agricultural income value shall be
determined using capitalized annual cash rent. The annual cash rent is the annual cash rent,
excluding the per acre tax on agricultural land, determined through an analysis of arms-length
rental agreements collected within the county in the three years prior to the year for which the
agricultural income value is being determined. The agricultural income value of cropland shall
be based on average rents over a three-year period for cropland under natural conditions. The
agricultural income value of noncropland shall be based on average rents over a three-year
period for noncropland under natural conditions. However, no arms-length rental agreements
for irrigated land may be used to determine the annual cash rent pursuant to this section. The
annual cash rent shall be capitalized at
seven and three-fourths
six and one-fifth
percent.
Section 2. This Act is repealed on July 1, 2007."
Sen. Bogue moved that the concurrence on the Conference Committee Report on SB 168
be deferred to Tuesday, February 28, the 34th legislative day.
Which motion prevailed.
Sen. Greenfield moved that the rules be suspended for the sole purpose of reconsidering
the vote by which HB 1110 lost.
The question being on Sen. Greenfield's motion that the rules be suspended for the sole
purpose of reconsidering the vote by which HB 1110 lost.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson;
Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson
(Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried.
Sen. Greenfield moved that HB 1110 be immediately reconsidered.
Which motion prevailed and HB 1110 was up for immediate reconsideration.
Which motion prevailed.
Sen. Schoenbeck moved that the report of the Conference Committee on HJR 1001 as
found on page 702 of the Senate Journal be adopted.
The question being on Sen. Schoenbeck's motion that the report of the Conference
Committee on HJR 1001 be adopted.
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley;
Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra;
Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Kelly; Koskan; Napoli
Excused:
Greenfield
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Kooistra moved that the report of the Conference Committee on SB 184 as found on
page 702 of the Senate Journal be adopted.
The question being on Sen. Kooistra's motion that the report of the Conference Committee
on SB 184 be adopted.
And the roll being called:
Yeas 30, Nays 5, Excused 0, Absent 0
Nays:
Kloucek; Koetzle; Moore; Napoli; Nesselhuf
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Duane Sutton moved that the report of the Conference Committee on SB 143 as found
on page 704 of the Senate Journal be adopted.
The question being on Sen. Sutton's motion that the report of the Conference Committee
on SB 143 be adopted.
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen
(Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz;
McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck;
Smidt; Sutton (Dan); Sutton (Duane); Two Bulls
Nays:
Abdallah; Adelstein; Duniphan; Kooistra
So the motion having received an affirmative vote of a two-thirds majority of the members-
elect, the President declared the motion carried and the report was adopted.
Sen. Ed Olson moved that the report of the Conference Committee on HB 1236 as found
on page 704 of the Senate Journal be adopted.
The question being on Sen. Olson's motion that the report of the Conference Committee
on HB 1236 be adopted.
And the roll being called:
Yeas 33, Nays 2, Excused 0, Absent 0
Nays:
Hundstad; Napoli
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and the report was adopted.
Sen. Bogue moved that when we adjourn today, we adjourn to convene at 8:30 a.m. on
Tuesday, February 28, the 34th legislative day.
Which motion prevailed.
SC 11
Introduced by:
Senators Bogue, Abdallah, Adelstein, Apa, Bartling, Broderick,
Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary),
Hundstad, Kelly, Kloucek, Knudson, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny,
Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton
(Duane), and Two Bulls and Representatives Rhoden, Boomgarden, Bradford, Brunner,
Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos,
Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Hargens, Haverly,
Heineman, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs,
Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien,
Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Roberts, Rounds, Schafer,
Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van
Norman, Vehle, Weems, Wick, and Willadsen
The President publicly read the title to
SB 1:
FOR AN ACT ENTITLED, An Act to
provide for the mandatory withdrawal of
blood or other bodily substances subsequent to arrest for driving while under influence.
SB 19:
FOR AN ACT ENTITLED, An Act to
revise the General Appropriations Act for
fiscal year 2006 regarding appropriations to the Board of Regents and the Department of
Corrections.
SB 44:
FOR AN ACT ENTITLED, An Act to
repeal certain provisions regarding waiting
periods for the filing of insurance rates.
SB 73:
FOR AN ACT ENTITLED, An Act to
allow certain federally activated military
personnel to be issued replacement elk, bighorn sheep, or mountain goat hunting licenses.
SB 81:
FOR AN ACT ENTITLED, An Act to
prohibit the acquiring or selling of certain
communications records.
SB 100:
FOR AN ACT ENTITLED, An Act to
revise the distribution from certain
constitutionally created trust funds, to revise certain provisions regarding state fund condition
statements, and to declare an emergency.
SB 130:
FOR AN ACT ENTITLED, An Act to
impose the 911 monthly telephone
surcharge to prepaid telephone calling services.
SB 154:
FOR AN ACT ENTITLED, An Act to
create a life protection litigation subfund
within the extraordinary litigation fund and provide for its use and to declare an emergency.
SB 202:
FOR AN ACT ENTITLED, An Act to
make an appropriation for costs related to
increased energy costs in K-12 school districts and postsecondary vocational education
institutions and to declare an emergency.
HB 1079:
FOR AN ACT ENTITLED, An Act to
define an enrolled student.
HB 1180:
FOR AN ACT ENTITLED, An Act to
prohibit certain acts of child abuse and
endangerment and to provide penalties therefor.
HB 1220:
FOR AN ACT ENTITLED, An Act to
temporarily allow contractual agreements
between certain school districts and to declare an emergency.
HB 1246:
FOR AN ACT ENTITLED, An Act to
authorize the state to join an interstate
compact for the prevention and control of forest fires.
And signed the same in the presence of the Senate.
Sen. Schoenbeck moved that the Senate do now adjourn, which motion prevailed and at
4:30 p.m. the Senate adjourned.